Assignment – 08

Family Law-I

Requirements of a valid marriage in India

Hindu Personal Law:

This act allows persons to register their marriages:

Anyone who practises Hinduism in any of its forms. Anyone who practises
Buddhism, Jainism, or Sikhism as a religion. Any Indian citizen who is not a
Muslim, Christian, Parsi, or Jew by faith and lives outside of the state of Jammu
& Kashmir. Members of any Scheduled Tribe that the Central Government has
notified in the Official Gazette for this purpose. In India, anybody can marry in
court if both parties meet the conditions of the court marriage procedure.

Conditions of Valid Marriage under this Act:

Monogamy is defined as neither party having a live spouse at the time of the
marriage. The participants to the marriage should not be suffering from mental
illness, mental disease, or insanity to the point where they are unable to
provide legal consent or procreate children. At the time of the wedding, the
bridegroom had reached the age of eighteen and the bride had reached the
age of fifteen. Unless the tradition or usage controlling each of them allows for
a marriage between the two, the parties are not within the degrees of banned
connection. The parties are not sapindas of one other until their respective
customs or usages allow for a marriage between them.
Muslim Personal Law:
A legal Muslim marriage must meet the following requirements:

 The parties' competence or capacity

 The age of puberty has been reached.
 Both are in good health.
 The marriage of two Muslims

The marriage is between two adults who are both sane. If one of the parties is
a juvenile or crazy, his or her guardian's approval must be obtained. Their
permission cannot be obtained via coercion, deception, or a mistake of fact.
Formalities include the man's offer (Ijab) and the woman's acceptance
(Qabool). Offers and acceptances can be made orally or in writing. The
contract's language must be precise and unambiguous. Both the offer and the
acceptance must be mutual and synchronous. The marriage must be
performed in the presence of two witnesses who are both competent. Under
Shia law, a marriage without a witness is invalid.

The Parsi Marriage and Divorce Act, 1936

The contracting parties are not related in any degree of consanguinity or
affinity to one other. Marriages must be solemnised by a priest in the Parsi
version of a ceremony known as "Ashirvad" in the presence of two Parsi
witnesses who are not priests. A male has reached the age of twenty-one,
while a female has reached the age of eighteen.

Special Marriage Act, 1954

Solemnization of a Special Marriage is subject to the following conditions:

 Neither of the parties to the marriage should have a surviving spouse.

 Neither party should be mentally ill, have a mental illness, or be insane
to the point where he or she is unable to give legal consent.
 The guy has reached the age of twenty-one and the female has reached
the age of eighteen.
 The parties are not in a forbidden relationship to any degree.